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Case TitleOFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE v. UNITED STATES DEPARTMENT OF JUSTICE et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03500
Date Filed2023-11-21
Date ClosedOpen
JudgeJudge Amir H. Ali
PlaintiffOFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE
Case DescriptionThe Office of the Federal Public Defender, Middle District of Tennessee submitted a FOIA request for records concerning Ricky Allen Fackrell, who had been sentenced to death, as part of its representation of Fackrell's post-conviction appeal OFPD also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, OFPD filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
DefendantBUREAU OF PRISONS
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-211COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10511945) filed by OFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE. (Attachments: # 1 Exhibit, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Civil Cover Sheet)(Gutman, Jeffrey) (Entered: 11/21/2023)
2023-11-27Case Assigned to Judge Amy Berman Jackson. (zdp) (Entered: 11/27/2023)
2023-11-272SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 11/27/2023)
2023-12-283NOTICE of Appearance by Christina O'Tousa on behalf of BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE (O'Tousa, Christina) (Entered: 12/28/2023)
2023-12-284Consent MOTION for Extension of Time to File Answer re 1 Complaint, by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (O'Tousa, Christina) (Entered: 12/28/2023)
2024-01-02MINUTE ORDER granting 4 Motion for Extension of Time to Answer 1 Complaint. Defendants must respond to the complaint by February 1, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/2/2024. (lcabj2) (Entered: 01/02/2024)
2024-01-185RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF JUSTICE served on 12/8/2023 (Gutman, Jeffrey) (Entered: 01/18/2024)
2024-01-186RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF PRISONS served on 12/6/2023 (Gutman, Jeffrey) (Entered: 01/18/2024)
2024-01-187RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/08/2023. (Gutman, Jeffrey) (Entered: 01/18/2024)
2024-01-188RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/7/2023. Answer due for ALL FEDERAL DEFENDANTS by 1/6/2024. (Gutman, Jeffrey) (Entered: 01/18/2024)
2024-01-229NOTICE OF SUBSTITUTION OF COUNSEL by Kartik Narayan Venguswamy on behalf of BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Christina O'Tousa (Venguswamy, Kartik) (Entered: 01/22/2024)
2024-02-0110ANSWER to Complaint by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE.(Venguswamy, Kartik) (Entered: 02/01/2024)
2024-02-02MINUTE ORDER. Before the Court in this FOIA case are a complaint and an answer. The requirements of Local Civil Rule 16.3 and Rule 26(f) of the Federal Rules of Civil Procedure appear to be inapplicable. Defendant must file a dispositive motion or, in the alternative, a report setting forth the schedule for the completion of its production of documents to plaintiff, on or before March 1, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/2/2024. (lcabj2) (Entered: 02/02/2024)
2024-03-0111STATUS REPORT by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 03/01/2024)
2024-03-04MINUTE ORDER. In light of defendants' 11 status report, defendants are ORDERED to file another status report by April 15, 2024. Signed by Judge Amy Berman Jackson on 3/4/2024. (lcabj2) (Entered: 03/04/2024)
2024-04-1512STATUS REPORT by Defendants by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 04/15/2024)
2024-04-16MINUTE ORDER. In light of defendants' 12 status report, defendants are ORDERED to file another status report by May 30, 2024. Signed by Judge Amy Berman Jackson on 4/16/2024. (lcabj2) (Entered: 04/16/2024)
2024-05-3013STATUS REPORT by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 05/30/2024)
2024-05-30MINUTE ORDER. In light of defendants' 13 status report, defendants are ORDERED to file another status report by July 30, 2024. Signed by Judge Amy Berman Jackson on 5/30/2024. (lcabj2) (Entered: 05/30/2024)
2024-07-3014STATUS REPORT by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 07/30/2024)
2024-07-31MINUTE ORDER. In light of defendants' 14 status report, defendants are ORDERED to file another status report by September 30, 2024. Signed by Judge Amy Berman Jackson on 7/31/2024. (lcabj2) (Entered: 07/31/2024)
2024-09-1615MOTION for Leave to Appear Law Student Appearance by OFFICE OF THE FEDERAL PUBLIC DEFENDER, MIDDLE DISTRICT OF TENNESSEE (Gutman, Jeffrey) Modified event type and docket text on 9/17/2024 (zdp). (Entered: 09/16/2024)
2024-09-1916ORDER granting 15 Motion for Leave to Appear. See Order for details. Signed by Judge Amy Berman Jackson on 9/19/2024. (lcabj2) (Entered: 09/19/2024)
2024-09-3017Joint STATUS REPORT by BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Venguswamy, Kartik) (Entered: 09/30/2024)
2024-10-02MINUTE ORDER. In light of defendants' 17 status report, defendants are ORDERED to file another status report by November 25, 2024. Signed by Judge Amy Berman Jackson on 10/2/2024. (lcabj2) (Entered: 10/02/2024)
2024-11-2518Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF PRISONS. (Venguswamy, Kartik) (Entered: 11/25/2024)
2024-11-26MINUTE ORDER. Given the parties' inconsistent descriptions of the ongoing productions and the state of their communications in the 18 November 25 status report, counsel are ORDERED to meet and confer by December 13, 2024, with the person referred to in the status report as government counsel's "client" present or available by videoconference or phone, to establish an agreed order of priority for categories of records to be produced. In addition, given the government's agreement to the "expedited" designation, it is further ORDERED that the government must increase the number of pages reviewed to 500 pages per month. The next status report must be filed by December 23, 2024. SO ORDERED. Signed by Judge Amy Berman Jackson on 11/26/2024. (lcabj2) (Entered: 11/26/2024)
2024-11-27Case directly reassigned to Judge Amir H. Ali. Judge Amy Berman Jackson is no longer assigned to the case. (ztnr) (Entered: 11/27/2024)
2024-12-2319Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF PRISONS. (Venguswamy, Kartik) (Entered: 12/23/2024)
2024-12-30MINUTE ORDER. The parties shall file another joint status report by February 28, 2025. Signed by Judge Amir H. Ali on 12/30/2024. (lcaha2) (Entered: 12/30/2024)
2025-03-0120MOTION for Extension of Time to File by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF PRISONS. (Venguswamy, Kartik) (Entered: 03/01/2025)
2025-03-03MINUTE ORDER. Defendants' 20 motion for an extension of time for the parties to file their next joint status report is granted. The parties shall file the joint status report by March 3, 2025. Signed by Judge Amir H. Ali on 3/3/2025. (lcaha2) (Entered: 03/03/2025)
2025-03-0321Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE, BUREAU OF PRISONS. (Venguswamy, Kartik) (Entered: 03/03/2025)
2025-03-07MINUTE ORDER. The Court is in receipt of the parties' 21 joint status report. The report states that up until December 2024, Defendants were processing documents at a rate of 500 pages per month and making productions, and that Defendants remain prepared to do so. According to the report, the principal outstanding issue is Defendants' search for additional documents to process, which are not centrally located. By April 18, 2025, the parties shall file another joint status report with more specific information regarding the places to be searched and a timeline for conducting the searches. To the extent possible, the report shall also estimate the total number of documents or pages remaining to be processed from each location. Signed by Judge Amir H. Ali on 3/7/2025. (lcaha2) (Entered: 03/07/2025)
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